Joint Freeholder obstructing sale - help!

cofreeholder87

Hello there, I was looking to get some advice/help from the community.

In November 2019 I contacted our joint freeholder (50/50) to dicuss varying the lease so that we could demise the loft space to our flat to enable us to convert it into a habitable space. We did so as we were expecting our first child in Mach of 2020 and were therefore working to tight timescales and required the additional space.

Our joint freeholder agreed that we could alter the elase to demise the loft and air space us and stated that in principle he had no issue with us building. He then instructed the solicitor to alter the lease and signed it. We continued communications - alerting him of our timescales - and made him aware that we had to go via full planning and that he would have an opporutnity to review plans. We shared plans with him and kept him up to date. All of this was done via email and SMS all of which we have kept as evidence.

We went through the planning process, received no objections, confirmed that the lease varitation had been compelted, and told him that we would let him know how the build and the baby came along. We completed the build in Feb 2020, welcomed our son in MArch, and let him know everything had been compelted.

We continued to chase over the next 7 months for the signed lease to be completed on and made him aware that we needed it to be completed so that we could register the changes with the land registry.

In november we made the decision to sell and move (as many people in central london did) and when the joint freeholder discovered we were selling he instructed his solciitor not to complete on the lease variation stimpulating that we had not had his consent to do the work. He has also claimed that he was not aware that we completed the work, and therefore wanted to investigate.

His tenants reported some seasonal cracks to his plaster in the summer of 2020 and he decided that he wanted to invesigate if these were strucutural. We requested he did so quikcly was we were at the point of exchange and completion. In February 2021 he still hasn't instructed a surveyor so we went and instructed one ourselves who confirmed that the cracks were seasonal.

He is still refusing to complete on the variation or sign the TR1 that we need to sell. We have since instrucuted a solicitor. We have a full sudit trail of evidence to support us.

I would like this forum's opinion of the state of play and whether, playing devil advocate, he has a case. He will claim that he did not see/read any of the emails despite having responded to a number. I struggle to see what he has to gain from delaying and obstructing our sale. It feels very personal and we are now at risk of losing our sale and purchase, at which point he will be liable for damages.

Many thanks for any comments'advice.

HampshireH

cofreeholder87 said:

Hello there, I was looking to get some advice/help from the community.

In November 2019 I contacted our joint freeholder (50/50) to dicuss varying the lease so that we could demise the loft space to our flat to enable us to convert it into a habitable space. We did so as we were expecting our first child in Mach of 2020 and were therefore working to tight timescales and required the additional space.

Our joint freeholder agreed that we could alter the elase to demise the loft and air space us and stated that in principle he had no issue with us building. He then instructed the solicitor to alter the lease and signed it. We continued communications - alerting him of our timescales - and made him aware that we had to go via full planning and that he would have an opporutnity to review plans. We shared plans with him and kept him up to date. All of this was done via email and SMS all of which we have kept as evidence.

We went through the planning process, received no objections, confirmed that the lease varitation had been compelted, and told him that we would let him know how the build and the baby came along. We completed the build in Feb 2020, welcomed our son in MArch, and let him know everything had been compelted.

We continued to chase over the next 7 months for the signed lease to be completed on and made him aware that we needed it to be completed so that we could register the changes with the land registry.

In november we made the decision to sell and move (as many people in central london did) and when the joint freeholder discovered we were selling he instructed his solciitor not to complete on the lease variation stimpulating that we had not had his consent to do the work. He has also claimed that he was not aware that we completed the work, and therefore wanted to investigate.

His tenants reported some seasonal cracks to his plaster in the summer of 2020 and he decided that he wanted to invesigate if these were strucutural. We requested he did so quikcly was we were at the point of exchange and completion. In February 2021 he still hasn't instructed a surveyor so we went and instructed one ourselves who confirmed that the cracks were seasonal.

He is still refusing to complete on the variation or sign the TR1 that we need to sell. We have since instrucuted a solicitor. We have a full sudit trail of evidence to support us.

I would like this forum's opinion of the state of play and whether, playing devil advocate, he has a case. He will claim that he did not see/read any of the emails despite having responded to a number. I struggle to see what he has to gain from delaying and obstructing our sale. It feels very personal and we are now at risk of losing our sale and purchase, at which point he will be liable for damages.

Many thanks for any comments'advice.

I don't have my advice except if you have all the evidence then definitely get your solicitor to liaise with his.

But how will you pursue him for your damages?

Alter_ego

Offer him a cash sweetener, otherwise what's in it for him?

davidmcn

cofreeholder87 said:

We went through the planning process, received no objections, confirmed that the lease variation had been completed, and told him that we would let him know how the build and the baby came along.

In november we made the decision to sell and move (as many people in central london did) and when the joint freeholder discovered we were selling he instructed his solicitor not to complete on the lease variation stimpulating that we had not had his consent to do the work.

The story seems confused - was the variation completed or not? I presume not, unless there were separate variations going on? 

AdrianC

cofreeholder87 said:

In November 2019 I contacted our joint freeholder (50/50) to dicuss varying the lease so that we could demise the loft space to our flat to enable us to convert it into a habitable space. We did so as we were expecting our first child in Mach of 2020 and were therefore working to tight timescales and required the additional space.

Our joint freeholder agreed that we could alter the elase to demise the loft and air space us and stated that in principle he had no issue with us building. He then instructed the solicitor to alter the lease and signed it. We continued communications - alerting him of our timescales - and made him aware that we had to go via full planning and that he would have an opporutnity to review plans. We shared plans with him and kept him up to date. All of this was done via email and SMS all of which we have kept as evidence.

We went through the planning process, received no objections, confirmed that the lease varitation had been compelted, and told him that we would let him know how the build and the baby came along. We completed the build in Feb 2020, welcomed our son in MArch, and let him know everything had been compelted.

We continued to chase over the next 7 months for the signed lease to be completed on and made him aware that we needed it to be completed so that we could register the changes with the land registry.

In november we made the decision to sell and move (as many people in central london did) and when the joint freeholder discovered we were selling he instructed his solciitor not to complete on the lease variation stimpulating that we had not had his consent to do the work. He has also claimed that he was not aware that we completed the work, and therefore wanted to investigate.

His tenants reported some seasonal cracks to his plaster in the summer of 2020 and he decided that he wanted to invesigate if these were strucutural. We requested he did so quikcly was we were at the point of exchange and completion. In February 2021 he still hasn't instructed a surveyor so we went and instructed one ourselves who confirmed that the cracks were seasonal.

He is still refusing to complete on the variation or sign the TR1 that we need to sell. We have since instrucuted a solicitor. We have a full sudit trail of evidence to support us.

I would like this forum's opinion of the state of play and whether, playing devil advocate, he has a case. He will claim that he did not see/read any of the emails despite having responded to a number. I struggle to see what he has to gain from delaying and obstructing our sale. It feels very personal and we are now at risk of losing our sale and purchase, at which point he will be liable for damages.

This very much reads as if the amended lease was agreed, but never signed and put into force - in which case, the old one is still in place.

Also - whether the loft had been demised to your lease or not, DID you have explicit permission for the work?

I don't see what damages he'd be liable for if you haven't exchanged on your sale.
And, if you have, there's no loss because the buyer is legally obliged to complete...

princeofpounds

Why on earth did you go ahead with building into the loft if you did not have the lease variation already completed?!?!?!?!? That's nuts. 

cofreeholder87

Hi all - we have the signed and co signed deed of variation and explicit agreement that we could have it demised to us and turn it into habitable space. The deed has not been registered with the land registry as he instructed his solicitor not to register it. We have been advised that he cannot renege on the signed agreement just because we are selling 

cofreeholder87

To make it more concise - everything agreed and signed, agreement for us to do the work, went through all formal channels, have all evidence of consent and being aware, joint freeholder then attempts to claim he did not consent when we were at the point of exchange. 

cofreeholder87

princeofpounds said:

Why on earth did you go ahead with building into the loft if you did not have the lease variation already completed?!?!?!?!? That's nuts. 

Because we had everything signed and agreed in writing, and as per the post, we were working to extremely tight timescales due to the birth of our son, which the joint feeeholse was aware of.

we waiting until we had everything agreed in writing before progressing 

cofreeholder87

HampshireH said:

cofreeholder87 said:

Hello there, I was looking to get some advice/help from the community.

In November 2019 I contacted our joint freeholder (50/50) to dicuss varying the lease so that we could demise the loft space to our flat to enable us to convert it into a habitable space. We did so as we were expecting our first child in Mach of 2020 and were therefore working to tight timescales and required the additional space.

Our joint freeholder agreed that we could alter the elase to demise the loft and air space us and stated that in principle he had no issue with us building. He then instructed the solicitor to alter the lease and signed it. We continued communications - alerting him of our timescales - and made him aware that we had to go via full planning and that he would have an opporutnity to review plans. We shared plans with him and kept him up to date. All of this was done via email and SMS all of which we have kept as evidence.

We went through the planning process, received no objections, confirmed that the lease varitation had been compelted, and told him that we would let him know how the build and the baby came along. We completed the build in Feb 2020, welcomed our son in MArch, and let him know everything had been compelted.

We continued to chase over the next 7 months for the signed lease to be completed on and made him aware that we needed it to be completed so that we could register the changes with the land registry.

In november we made the decision to sell and move (as many people in central london did) and when the joint freeholder discovered we were selling he instructed his solciitor not to complete on the lease variation stimpulating that we had not had his consent to do the work. He has also claimed that he was not aware that we completed the work, and therefore wanted to investigate.

His tenants reported some seasonal cracks to his plaster in the summer of 2020 and he decided that he wanted to invesigate if these were strucutural. We requested he did so quikcly was we were at the point of exchange and completion. In February 2021 he still hasn't instructed a surveyor so we went and instructed one ourselves who confirmed that the cracks were seasonal.

He is still refusing to complete on the variation or sign the TR1 that we need to sell. We have since instrucuted a solicitor. We have a full sudit trail of evidence to support us.

I would like this forum's opinion of the state of play and whether, playing devil advocate, he has a case. He will claim that he did not see/read any of the emails despite having responded to a number. I struggle to see what he has to gain from delaying and obstructing our sale. It feels very personal and we are now at risk of losing our sale and purchase, at which point he will be liable for damages.

Many thanks for any comments'advice.

I don't have my advice except if you have all the evidence then definitely get your solicitor to liaise with his.

But how will you pursue him for your damages?

He will be liable for damages should the sale fall through as a result of his actions. 

AdrianC

cofreeholder87 said:
we waiting until we had everything agreed in writing before progressing 

But not actually signed...?

cofreeholder87 said:

He will be liable for damages should the sale fall through as a result of his actions. 

He really won't. Until contracts are exchanged on the sale, there simply is nothing in place...

It's exactly the same situation as your lease extension. Everything's in place ready to become legally enforceable, but unless and until it's signed, it's just so much waste paper.